Dementia book updates
Ability Training Awards, with Able Training
Walking Alongside, Section 10
Deprivation of liberty in dementia care: what changed in 2026
Last checked: 16 October 2026. Checked by Able Training Support Ltd.
What the book says (October 2026)
On 2 June 2026 the Supreme Court decided that the Cheshire West "acid test" was wrong. Whether someone is deprived of their liberty is now judged by looking at the whole picture: the type of restrictions, how long they last, their effect on the person, how they are carried out, whether the person objects, how normal the arrangements are for that setting, and their purpose.
A person who lacks capacity under the Mental Capacity Act can still give valid consent if they are aware of their surroundings, have a basic understanding of their situation and show they accept it.
Existing DoLS authorisations stay in place until they are reviewed. The government has said it will consult on Liberty Protection Safeguards.
What has changed since
- No change to the law since October 2026. DoLS still applies in hospitals and care homes.
- In September 2026 the government warned against "superficial or rushed" reviews of existing authorisations. Each person should be looked at properly.
- We will update this page when the government publishes its consultation on Liberty Protection Safeguards.
Compliance is not consent
A person going along with something is not the same as them being content with it. Fear, sedation, or not wanting to cause trouble can all look like agreement.
Why it matters
Restrictions are part of daily life in many care settings: locked doors, sensor mats, being stopped from going out alone. The law protects people from restrictions that go further than they need to.
What you can do
You are not expected to decide whether someone is deprived of their liberty. Notice restrictions, notice objection, record what you see and hear, and tell your manager.
Official sources
Other updates
About these pages. The books Walking Alongside: Understanding Dementia and Dementia Awareness were written by Andy Baker and Meghan Earle and created by Able Training Support Ltd. These update pages are checked and kept up to date by Able Training, and published by Ability Training Awards.
These pages give general information about England. They are not legal or medical advice. Scotland, Wales and Northern Ireland have their own laws and guidance. Always follow your organisation's current policy, and speak to your manager if you are unsure.
Ability Training Awards Ltd · Registered in England and Wales, company no. 16025424 · Registered office: Unit 21 Springfield Business Park, Grantham, NG31 7FZ · ICO registration ZB832994 · Privacy policy